N.H. Code Admin. R. Env-Wt 307.11

Current through Register No. 25, June 20, 2024
Section Env-Wt 307.11 - Filling Activity Conditions

In addition to all other applicable conditions in this part, the following conditions shall apply to all temporary and permanent filling activities:

(a) Fill shall be clean sand, gravel, rock, or other material that:
(1) Meets the project's specifications for its use; and
(2) Does not contain any material that could contaminate surface or groundwater or otherwise adversely affect the ecosystem in which it is used;
(b) Limits of fill shall be clearly identified prior to commencement of work and controlled in accordance with Env-Wt 307.03 to ensure that fill does not spill over or erode into any area where filling is not authorized;
(c) Slopes shall be immediately stabilized by a method specified in Env-Wq 1506 or Env-Wq 1508, as applicable, to prevent erosion into adjacent wetlands or surface waters;
(d) No fill shall be allowed to achieve setbacks to septic systems specified in Env-Wq 1000;
(e) Fill shall be not placed so as to direct flows onto adjacent or down-current property;
(f) Swamp mats and construction mats shall be deemed temporary fill for new authorizations only if they meet the requirements of (h)(1) and (h)(2), below;
(g) Authorized temporary fill other than swamp mats, construction mats, and corduroy shall be placed on geotextile fabric laid on preconstruction wetland grade;
(h) Subject to (i), below, temporary fill shall be:
(1) In place no longer than one growing season;
(2) Removed immediately upon work completion; and
(3) Disposed of at an upland location in a manner that prevents its erosion into a surface water or wetland;
(i) Corduroy shall be deemed temporary fill that may be left in place if it:
(1) Is installed as part of a skid trail in accordance with the Forestry BMPs;
(2) Does not exceed 1,000 LF and 20,000 SF per crossing; and
(3) Does not cross or otherwise impact a perennial stream, marsh, PRA, or vernal pool;
(j) Wetlands and surface waters shall be restored to pre-impact conditions and elevation as specified in Env-Wt 307.12(i), below, unless otherwise authorizedin an issued permit;
(k) Swamp mats shall be:
(1) Properly installed, not dragged into position; and
(2) Removed immediately upon the completion of work; and
(l) No fill shall take place in a PRA unless:
(1) Specifically authorized by the department in an issued permit; or
(2) Authorized under applicable project-specific provisions.

N.H. Code Admin. R. Env-Wt 307.11

Derived from Volume XXXIX Number 28, Filed July 11, 2019, Proposed by #12803, Effective 12/15/2019, Expires 12/15/2029 (See Revision Notes #1, #2, and #3 at chapter heading for Env-Wt 300).
Amended by Volume XL Number 46, Filed November 12, 2020, Proposed by #13124, Effective 10/23/2020, Expires 10/23/2030.